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Immigration Daily

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Immigration Daily September 25, 2007
Previous Issues
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Violence Is Not Justified

An editorial on a popular anti-immigration website states, ... "The illegal aliens must leave but they will refuse. As the irresistible force of the American will clashes with the immovable object represented by the Mexican invaders and their traitorous American supporters violence is inevitable ...". We deplore any call to violence. If those who disagree with us on the proper levels and methods of immigration to the US ("the anti-immigrationists") have real leaders, we will expect to see this statement above denounced by them (the best would be for the statement would be withdrawn by its author). Disagreements in our country's tradition are worked out peacefully through the political process. We are confident that, the topic of immigration, for all the passion it arouses, will be dealt by all Americans in a reasoned manner in accordance with our country's long and glorious tradition.

We welcome readers to share their opinion and ideas with us by writing to


Deadline Is Tues, Sept. 25th For Adjustment Of Status: A 360 Degree View

ILW.COM is pleased to announce a new 3-part telephone seminar examining adjustment of status holistically and in detail. Speakers include Cyrus D. Mehta (Discussion Leader), Andres C. Benach, Diana Vellos Coker, Tammy Fox-Isicoff, Richard D. Steel, Shannon M. Underwood, Paul Virtue. The curriculum is as follows:

FIRST Phone Session on September 27: Nuts and Bolts In The Era Of Priority Date Retrogression

  • Eligibility for Adjustment of Status
  • Preparing and filing a bullet proof application
  • Issues arising out of the July 2007 Visa Bulletin Fiasco
  • Adjustment, retrogression and retention of priority dates
  • Intersection between Adjustment and the Child Status Protection Act
  • Adjustment over Consular Processing: Benefiting from Portability
  • Travel and work authorization
SECOND Phone Session on October 18: Resuscitating Status Through Adjustment
  • Exploiting the 245(c) technical failure exception
  • Understanding the 180 day grace period under Section 245(k)
  • Grandfathering under Section 245(i) - analyzing recent case law
  • Other exceptions: Immediate Relatives and Battered Immigrants
  • Waivers of inadmissibility in conjunction with adjustment filing
  • Adjustment for Special Categories: Asylees, Cubans, Hatians, etc.
THIRD Phone Session on November 1: Adjustment In Removal Proceedings
  • Reopening old deportation or removal orders
  • Adjustment after pre-1996 exclusion order
  • Understanding the new "arriving alien" regulations
  • Retaining portability in removal - overview of emerging case law
  • Remands to District Director vs. merits hearing before Immigration Judge
  • Seeking continuances until adjustment eligibility
  • Adjustment as a defense to crimes-based removability
The deadline to sign up is Tuesday, September 25th. For more info, including speaker bios, detailed curriculum, and registration information, please see: . (Fax version:


In Vitro Fertilization, Surrogate Motherhood And Citizenship
Cyrus D. Mehta writes "Interesting issues arise under US immigration and nationality law when a child is born through in vitro fertilization."


2nd Circuit Remands For Proceedings Before Another IJ
In Sun v. Board of Immigration Appeals, No. 05-4447-ag (2nd Cir. Sept. 14, 2007), the court remanded for further proceedings before an IJ other than IJ Ferris.


Help Wanted: Immigration Attorneys
NY, NY - Fragomen, Del Rey, Bernsen & Loewy, LLP, an international immigration law firm seeks (3) experienced immigration associates. Position (1) requires 2-4 years business immigration experience, as an attorney; Position (2) requires 4-6 years business immigration experience, as an attorney; and Position (3) requires 3-5+ years of business immigration experience, a proven track record as writer on immigration issues, and the ability to work under pressure. Ideal candidates familiar with all aspects of business immigration, including NIV and IV, have had extensive client contact, and can perform multiple tasks in fast paced, high volume environment. Must also possess excellent verbal and written communication skills. Competitive salaries + excellent benefits offered. Please send cover letter, resume, writing sample, + salary history to Fragomen is an equal opportunity employer.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for Service Center Counsel position at the Texas Service Center. Responsibilities include, but not limited to, providing legal advice to TSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be an active member of the bar and have 1+ years of post JD experience. For full details, enter: COU-CIS-2007-0009 here. Preference given to applicants with immigration experience, excellent academic record, + strong writing skills. Submit cover letter demonstrating specific skills, experience, and interests qualifying candidate for position. Applicant should list references but recommendation letters not necessary. Applicants must also submit a resume and a writing sample (max. 10 pps). Send to: Reid Tilson, Deputy Chief of the Service Center Counsel Division, at Must be received by close of business Friday, 9/28/07. Position is at the GS-13-GS-15 levels. Open until filled. No relocation reimbursement expenses available.

Help Wanted: Immigration Attorney
Chicago, IL - VISANOW streamlines the immigration process for corporations and their foreign employees by combining comprehensive legal expertise, unparalleled customer service and patented, groundbreaking technologies. The first company to automate all aspects of the U.S. visa and immigration application process from end to end, VISANOW maintains its pioneering spirit and status today by continuing to offer services that revolutionize the management of immigration matters. VISANOW seeks a transactional immigration attorney to join our downtown Chicago team and help deliver legal advice and counsel to our clients who include companies, individuals, colleges and universities. JD required with 2+ years experience working as an attorney in immigration law. For a detailed job description, see here. We offer a competitive compensation plan and excellent benefits including medical, dental, life, disability, 401K and stock purchase programs. If you're interested in taking the next step of your career with an industry leader, e-mail your resume and salary requirements to with the title Attorney in the subject line. Relocation assistance to Chicago is not provided. EOE.

Help Wanted: Immigration Attorney
Milwaukee, WI - Prominent national business immigration law firm seeks a senior associate to provide management and oversight to its work flow and team development and act as point person to the Managing Partner on all case related activity in the firm. Milwaukee, located on the shores of Lake Michigan, is the 25th largest city in the US. This is a great opportunity for an Attorney who wants to get off the billable grind and manage in a team environment for a quality boutique practice. The firm services a mix of high end corporate clients in a relaxed, professional environment. Must be self-motivated, have an eye for detail, possess excellent writing skills and demonstrate passion for immigration law through intimate knowledge of statutes, regulations, and policy memoranda. JD with 5 years experience in business immigration law required. Forward resume + cover letter to All communication treated in confidence. Salary and benefits commensurate with experience and abilities. This is a blind posting.

Help Wanted: Immigration Professional
Progressive and quickly growing law firm seeks individual interested in working in a business development capacity full time. Familiarity in immigration law as well as marketing and business development experience required. Demonstrated record of achievement in marketing/business development necessary. Ideal candidate is self starter, motivated, and capable of national or regional coverage. Qualified attorneys or immigration professionals are invited to apply. Competitve package, incredible benefits and tremendous incentives. Can work from any location. Interested candidates should send resume, salary history + references to Rami Fakhoury: All inquiries will be kept confidential.

Help Wanted: Immigration Attorney
Toronto, Canada - Ernst & Young's (E&Y) global alliance of independent law firms cooperate with our offices worldwide to provide our clients with integrated, quality service. The business immigration specialists at Egan LLP work closely with members of E&Y's Human Capital group, to help companies address the challenges associated with managing today's globally mobile workforce. We seek an associate lawyer to manage multiple and challenging US business immigration engagements and to contribute to the delivery of solutions and ideas for our diverse clients. This position offers excellent opportunities for teaming, leadership, and career advancement to the right candidate. Requirements: (1) law degree along with a US bar admittance (dual Canadian-US bar admittance would be asset) (2) 2-4 years post-call business immigration experience (3) broad exposure to US immigration law. (4) excellent managerial, organizational, + verbal/written communication skills. For more details, enter job #00EK9 or key word "business immigration lawyer" here. Send resumes directly to Thomas Byun, Recruiting Manager, E&Y Canada:

Help Wanted: Immigration Attorney
Arlington, VA - Small, collegial immigration law firm seeks another attorney for our growing business immigration law division. Must have 2+ years of solid immigration law experience. Opportunity for partnership within two years of service as an associate. Candidate must be enthusiastic and possess excellent communication skills (verbal and written). Individual must be a "go-getter" with the ability to bring in business. We are a boutique law firm established in 1973 having successfully completed 16,000 cases. Internally we offer a relatively relaxed environment which makes the production of work product easier. Team players are encouraged to send an email to which should include resume, a personal statement about your legal abilities in business immigration law, plus financial compensation requirements. All replies are confidential. We offer a base salary and bonuses dependant upon production.

Credential Evaluation
Do not order a foreign credential evaluation until you read this. Career Consulting International, offers credential evaluation of your non-US degree. Fast service at low prices. Mention Immigration Daily to receive 3-day rush service at no extra cost (reg. price $70, rush service $70 = savings of $70). H1B and I-140 specialists. Evaluations of 4 year degrees (72hr. rush service) only $70.00. Also 3 year degrees combined with PGD, second degrees, or work experience. Pay online. Toll-free fax/phone numbers. Our clients say it better than we do: "I don't know what to say but you changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational documents. You helped me in a difficult situation and through extensive research you were able to get results that other, "bigger" agencies were unable to achieve". Click here to see more testimonials. Free consultation. Call today toll free: 1.800.771.4723


Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event - Miami, FL
The Jay Malina International Trade Consortium and the Florida International University International Studies is pleased to invite you to attend "Employment Based Visas: Outlook for the New Fiscal Year" on September 27, 2007, Thursday, 8 am. Conrad Hotel, 1395 Brickell Avenue. To register, please complete attached form and fax to: 305-348-6562. For more information, please contact Sebastian Arcos at 305-348-7250 or ILW.COM is pleased to be a media sponsor for this event.


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
David Utterback's letter (09/24/07 ID) seems to have some definite opinions about the effect of illegal immigration on the economy of the United States. I only wish that I had a scintilla the seemingly vast knowledge of economics (a course I found quite difficult in college) as evidenced in his letters and that I had the ability to forecast the direction of the US economy - something even Alan Greenspan and Ben Bernake are hard pressed to do with any degree of certainty. Notwithstanding the shortcomings of the appointed economic pundits, who are vested with the power to shape the destiny of the US economy, I take solace in Mr. Utterback letter's clear and simple explanation, which appears to be that the fate of the nation lies with Congress (a scary thought) denying amnesty to illegals. Congress should take heed. Mr. Utterback's letters predict that an amnesty for illegal aliens will, among other economic disasters, further devalue the US dollar by 12%, cause housing mortgages to collapse for want of foreign mortgage money and cause Chapter 11 bankruptcies by small businesses to escalate, that Americans will take pay cuts, taxes will rise and the "public coffers will run dry," all due to the passage of amnesty for 12-million people who have already, to one degree or another, silently merged into the US economy over the past twenty years. Immigration is an important and pressing issue not only in America, but worldwide, socially and economically. Immigration introduces new challenges to cultures - challenges that must be addressed by great minds. It is sad there appears to be no great minds in Congress. Perhaps Mr. Utterback, as an informed citizen, should run for public office in the crucial upcoming election.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Responding to ID's 09/24/07 ID comment, yes, ID is very right. But in this process of giving the state more power and money, what is happening to our government? How long can it continue with subsidies? This is a temporary solution. Because the government cannot continue as this is busting the economy and taxpayer(s) are paying their bill(s). How long? The US Congress need(s) to enforce the US Constitution and transport them back to mexico. Congress had nothing accomplished last year. One day when outside a building i said look at all this trash. A truck driver said this is nothing. People crossing our borders every year and it has to stop. It is instigated to bust the economy. Why waste time trying to bed them in? like in oklahoma and fine the employers for everyday they hire an illegal immigrant. Very plain and simple. They have been told and that should be the last straw. In this area of a major city they are robbing, stealing you name it. Police will not go into some area(s) without alot of back up. It got that bad and still Congress doing nothing gave themselves a pay increase while the average person is left to clean up the messes and make corrections themselves out of their own pocket. They need to go through the same process others did when coming to America. I once had friends that were Mexican and they were a wonderful family. Wonderful friends. Had an American gone to Mexico they would have put us in jail and threw the key away like other countries. That is how and why we must protect our Heritage as others are. This is what makes all countries different and why people travel to visit.


Dear Editor:
It has been five years since I last saw anything but the US. I have lived in sunny Cd Juarez, Chihuahua, Mejico. My young naive, insane choices got me into two felonies, which I fully accepted responsibility for. During the eight years I served, a wonderful penance gave birth to a man. To have a system transfer you from one county to the next, with no legal counsel, and finally set you before screaming INS personel, not all INS personel are the same, a cold DA and judge, and have them not even look at your rehabiliation or even give you an opportunity to present a case, within 7 minutes deported me for life. Was it the end of life. No. Life after deportation is as life anywhere. Humans taking drastic, hopeful chances to illegally re enter the US. Some make it. Some do not. Deportees here are by the dozen. Each of us a remorseful story to tell and some of us a glad tale to share. I will file many a form to US immigration agencies, who may gave joy to an 80 year old legal citizen of the US and companionship to an American single mother of two. A father to two young boys. It will cost me time and money, yet praise the Lord I live, for as long as I have breath, I will beleive and file. My loved ones may cross over and live here in Mexico as they do in the US. but who am I to change their world as harsh as mine was. I want them to love America, to beleive in all America stands for. What it taught me as a child, served me in the dark places I have been in. Deporation is harsh, but life is an opportunity giver.

Oscar Rene Vasquez Baylon

Dear Editor:
Earl Stewart has found a market of people who has money and need to know where to spend (see 09/21/07 ID comment). Hurrah for him.

Gladys C. Farris

Dear Editor:
I hope you do not think this is a convincing arguement in favor of regressive sales taxes (see 09/24/07 ID Comment). Don't forget that most of the lower income people in our country who are burdened with sales taxes are not illegal immigrants. They are US citizens, our children, our elders and our neighbors.

Jeanne Large

Dear Editor:
Responding to Roger Algase, Esq.'s and Robert Yang's letters (09/24/07 ID), what I am saying is true. If Congress passes the amnesty bill, making millions of illigals, and we know its primarily 90% Latinos, then thats a slap in the face to the racial backgrounds of those applying for legal citizenship of 168 countries around the world. 2) Once that happens (amnesty bill passes) the US will no longer be non-racist in its philosophy, but racist as Adolf Hitler was, as one amnesty becomes a reality, the US will have by law selected a master race. One may not see it that way, but from the legal point of view, the mechanics of reason, law work that way. I drew no analogy between anyones comment and Adolf Hitler. Even if one pays back taxes, etc., the passing of the amnesty bill still gives Latino's (primarily as they make up 90% of US migration) a special class that no other race has ever enjoyed. To the world, the US will have set a mold in preferring the Latino race above all others, because the Congress, The Supreme Courts, The Executive branch will for the 1st time in US history, have favored one race over all others. I see nothing confusing in my letters, except that the reader does not like a more generalized bias point than one limited bias point just for Latinos. I see nothing confusing, nothing unintelligble. Therefore its hard for the reader to understand something, that's not in a narrow, selfcentered context. If the congress passes the amnesty bill it will have achieved what Adolf Hitler could not do, in making a master race of one race. That is logical, that would be true if congress passes the amnesty bill. That is logical and that is undisputable.

David Utterback

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2007 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X